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HS 766 
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1892 
Copy 1 






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Cerneau Masonry Legal 


1THENEW YORK 


— IN — 


OHIO. 

And Elsewhere About the Globe. 


Grand Lodges have no authority 
over the “Cerneau” Rite nor any le¬ 
gal right to prohibit Master Masons 
from becoming members thereof. 


Till-: CELEBRATED GOODALE LODGE 
INJUNCTION CASE. 


DECISION IN FULL 

BY ALL THE 

JUDGES OF THE CIRCUIT COURT OF FRANKLIN COUNTY, OHIO. 

























THENEWYORK 

PUBLIC LIBRARY 

*A8rOR, J(W0X AND 

Y*LDE\WbDATIONj». 

. £&2L - 


'•Kb oo 


'PRELIMINARY SKETGJi’ 


■OF THE- 


Great Conspiracy against the Peace of 
The Grand Lodge of Ohio. 



It is a matter well known that Irom the early part of the 
present century there have existed and do now exist in this 
country several supreme bodies of what is known as the Ancient 
Accepted, or Ancient Accepted Scottish Rite, that have been 
and are antagonistic to each other. These bodies are more 
familiarly known by the name of the jurisdictions they claim, 
and are sometimes designated by the names of their founders. 

The Ancient Accepted Rite for the United States of Amer¬ 
ica their Territories and Dependencies, but more familarly 
known as the United States Jurisdiction , and sometimes de¬ 
signated by its opponents as the “Cerneau Rite,” was founded 
in New York City in 1807 by the Ill. Joseph Cerneau, a French¬ 
man, assisted by the Governor of the State, the Hon. De Witt 
Clinton, the Mayor and other officials of the city, and the officers 
of the State Grand Lodge F. & A. M., and its jurisdiction 
extended, as its title indicates, over all the states and terri¬ 
tories. 

The Ancient Accepted Scottish Rite for the Northern Juris¬ 
diction of the United States of America, but more familarly 






known as the Northern Jurisdiction , and sometimes designated 
the u De la Motta Rite,” was founded in New York city in 1814, 
by Immanuel de la Motta, a Jew, and its claimed jurisdiction ex¬ 
tended over the states north of Maryland and the Ohio river 
and east of the Mississippi river. 

These two supreme bodies mentioned, have been and are in 
rivalry with each other on the question of jurisdiction, but all 
fair minded well informed Masons admit that in point of time 
of establishment, 1807, the United States Jurisdiction , possess¬ 
es a rightful occupancy of the territory it claims, while its antag¬ 
onist, the Northern Jurisdiction , being founded in 1814, is con¬ 
sidered a squatter on the territory of its predecessor. 

One of the requirements for membership in the aforemen¬ 
tioned Rites is that every applicant must be a Master Mason, but 
this requirement does not carry with it any real or supposed official 
connection with a Master Masons’ Lodge. They are entirely dis¬ 
tinct and foreign to each other. Were it not so, it would natur¬ 
ally follow that the Master Mason’s first three degrees would be 
subject to the control and authority of the Scottish Rite of 33 
degrees, an authority that no Master Mason would for a moment 
admit. The reader will bear this requirement in mind as it will 
fully explain why the leaders of the De la Motta Rite, acting 
as Master Masons, plotted for and obtained control of the Grand 
Lodge of Ohio, and misled it into approving their unlawful 
edicts and resolutions, under penalty, prohibiting Master 
Masons from becoming or remaining members of the United 
States Jurisdiction. 

It is a fact susceptible of proof at every step, which every 
Mason can verify by referring to the records, that the Northern 
Jurisdiction, or the De la Motta body, since its creation in 1814 
has always beep the aggressor, and the cause of dissension in 
Masonry, and the originator and continual agitator of the present 
difficulty in the Grand Lodge of Ohio. 

In 1815, the year following the creation of this unlawful 
body, De la Motta sought to create trouble by sending the fol¬ 
lowing communication to the Grand Lodge of Ohio. (See Proc. 
I 8 I 54 V 0 I. 1, page 64-65.) 


3 


“The Grand Master read to the Grand Lodge a communication which he had re¬ 
ceived from Immanuel De la Motta of New York, which, from its interesting contents, 
was referred to a committee of Brothers Tupper, Burnet, and Tod to report their 
opinion.” 

“The Committee appointed to take into consideration the communication of 
Immanuel de la Motta, made the following report, which was adopted:” 

“The committee to whom was referred a communication to the M. W. Grand 
Lodge of Ohio, purporting to have been issued by Immanual dela Motta, K.H.S.P.R.S. 
Sovereign Grand Inspector General of the thirty third degree, and Illustrious Treasurer 
General of the Holy Empire in the United States of America,[have attended to the duties 
required of them and respectfully report, that the evidence in their possession is of that 
uncertain kind, that even a fixed belief cannot be predicated on it. The controversies 
between De la Motta and the accused Cerneau, the Committee can feel no justifiable 
interest in. Both are strangers as well as their abettors. Their jarrings are too sub¬ 
limated for our understandings. The committee beg leave to recommend the follow¬ 
ing resolution: 

Resolved. That the communisation to this Grand Lodge made by Immanuel de 
la Motta, etc., etc., denouncing a certain Joseph Cerneau as an impostor, etc., dated 
September, 1813, does not furnish a proper subject for this Lodge to act on, other¬ 
wise than to permit it to remain on file. 

Respectfully, 

George Tod, 

Edw. W. Tupper. 

The above summary dismissal by the Grand Lodge of “De 
la Motta, K.H.S.P.R.S. Sovereign Grand Inspector General of 
the Thirty Third Degree, Illustrious Treasurer General of the 
Holy Empire, etc., etc.,” placed the Grand Lodge on record on 
non intervention in the affairs of foreign rites and established 
a wise precedent which should have been sacredly preserved for 
all time and which was productive of the most happy results. 
Peace and prosperity reigned. 

In 1883, E. T.Carson 33rd Degree, Sovereign Grand Inspec¬ 
tor General of the Holy Empire, and Deputy for the Northern 
Jurisdiction, De la Motta body in Ohio, introduced and secured 
the passage of a resolution in the State Supreme governing 
body of the Order of Knights Templars recognizing his 
Nor. Jur. Rite. (See Proc. G. 0. O. 1883.) which was the cause 
of the arbitrary arrest of Charters of Commanderies and expul¬ 
sion of worthy Templars for no other cause than that of being 
members of the United States Jur. Rite. This modern crusade 
against mans natural right —his private opinion and his con¬ 
science —utterly failed to hinder the onward march of Truth 


and Right. The only hope remaining was to capture the Grand 
Lodge and ignore the Ancient Landmarks, and the Ancient 
Constitutions, and violating the contract made between the 
Lodge and its members upon their reception into the Order, 
to cause to be adopted therein such stringent and penal legisla¬ 
tion as would prevent Master Masons from becoming or remain¬ 
ing Members of the U. S. Jur. Rite. 

In 1884, E.T. Carson 33rd degree attempted to introduce a 
resolution in the Grand Lodge of Ohio against the Rite of Mem¬ 
phis, a rite just as foreign to the Grand Lodge as the U. S. Jur. 
Rite, but the attempt was defeated by an overwhelming 
majority. Result. Peace and prosperity still reigned. 

The conspirators were not discouraged. Other tactics must 
be adopted. To succeed, it w T as necessary to move slow but sure. 
The offices in the Grand Lodge must be all filled by members 
of the De la Motta Holy Empire before the Master Masons and 
their Grand Lodge could be controlled and manipulated in the in¬ 
terests of the Nor. Jur. Rite. The offices were secured. The 
Holy Empire was discreet. 

In 1886, the second move of the conspirators was made. 
Samuel Stacker Williams, then a 32nd now a 33rd of the 
Nor, Jur. De la Motta Rite, acting in his capacity of Grand Mas¬ 
ter of the Grand Lodge of Ohio, gratuitously and without cause 
or reason issued orders to the lodges in the State forbidding 
them to occupy halls jointly with the U. S. Jur. (See Proc. 
1886.) This notwithstanding the fact that the U. S. Jur. had not 
asked permission of him or anybody else to occupy halls jointly 
with blue lodges. But, it was a part of the program of the Con¬ 
spiracy which must be carried out. 

In 1887 the third move was made. After much travail Wil¬ 
liams was delivered of another monstrosity known as decision 
No. 4, in which he claimed that some members of the U. S. Jur. 
had asked him if their own rite was ‘‘regular and legal,” or irre¬ 
gular and illegal (what nonsense,) and that he had decided it to 
be u irregular, illegal, and unmasonic and ought not to be count¬ 
enanced, or recognized in any manner, by Brethren under obed¬ 
ience to this Grand Lodge.” 


5 


This absurd decision of Williams was remarkable in view 
of the fact that living witnesses are ready to make oath that he 
(Williams) was the first person to call their attention to the 
U. S. Jur., and its claims, and to its legal and regular char¬ 
acter, and thus to bring about its establishment in Ohio, 
that he was present in Columbus at the time of its establishment 
in that city, and gave as his reason lor not taking part 
therein that he was then a prospective candidate for 
Grand Master. 

It is unnecessary to state here all the methods by which Wil¬ 
liams and his co-conspirators succeeded in having the Grand 
Lodge approve his acts and decisions: they are too well known. 
Two instances may be cited. First, At the session held at Dayton 5 
E. T. Carson 33rd degree, Deputy for the Nor. Jur. Rite, flooded 
the Grand Lodge with a circular in which he offered to bet money 
denying the truth of an “Address to the Masons of Ohio,” pub 
lished by the U. S. Jur., and promising to publicly refute the 
same, in order to influence the vote of the delegates. Carson 
has never fulfilled that promise. It is believed that he never 
will as the truth and evidence is against him. Second, the rec¬ 
ords show that the Committees in the Grand Lodge to whom 
Williams and his followers referred their acts for approval and 
recommendation were packed with 33rd and 32nd degree mem¬ 
bers of the De la Motta—Nor. Jur. Rite. 

In 1888, at Toledo, the fourth move of the conspirators was 
made. Judge Long, a member of the Nor. Jur. Rite, and then 
Deputy Grand Master of the Grand Lodge was defeated for 
Grand Master because he was in favor of non-intervention and 
opposed to the conspiracy. Leander Burdick a 32nd of the Nor. 
Jur., was elected over him. The disgraceful scenes that occurred 
in the Grand Lodge room are too well known to need repeating 
here, but these were a fitting prelude to what followed near the 
close of the session when many of the delegates were home¬ 
ward bound. The following preamble and resolutions were in¬ 
troduced and adopted: 

Whereas, This Grand Lodge at its annual communication in October, 1887, de¬ 
clared the bodies calling themselves the Ancient Accepted Scottish Rite for the 
United States of America its territories and dependencies, and commonly called the 
Cerneau Rite, to be irregular, illegal, and unmasonic, and that they ought not be 
countenanced or recognized in any manner by brethren under obedience to this Grand 
Lodge and, 


6 


Whereas , Brethren subordinate to the authority of this Grand* Lodge are still 
selling and conferring the Cerneau and other degrees pronounced to be irregular, to 
Master Masons in this Jurisdiction, and are thereby violating the laws of this Grand 
body; therefore be it 

Resolved , That any Mason subordinate to this Grand Lodge who shall hereafter 
take or receive or communicate, or be present at or assist any one to take or apply for 
said degrees, or any of them, shall be subject to expulsion from all the rights and priv- 
eleges of Masons, after due trial under the code. 

Every sensible Mason knows, as well as its authors, that the 
above preamble and resolution is unquestionably wrong and un¬ 
lawful and no Master Mason is bound to obey them any more than 
he could comply with a similar resolution prohibiting him from 
affiliating with his church, his Odd Fellows, or his political 
party. The Grand Lodge practically decided the same question 
in 1815, (See Proc. 1815.) when it refused to entertain De la 
Motta’s communication. Besides, it is prohibited by the Ancient 
Landmarks, is in violation of universal Masonic law and 
every Master Mason’s natural right. 

Having complete control of the official machinery of the 
Grand Lodge, and under the cloak of all their unlawful partisan 
edicts, decisions and resolutions, the conspirators and their ad¬ 
herents proceeded to consummate their plans and wreak their un¬ 
holy revenge upon their rivals.- Time and space will not per¬ 
mit a detailed statement of the various illegal acts and outrages 
perpetrated upon the Master Masons of Ohio, of Charters arrest¬ 
ed and lodges destroyed; Masters and Wardens lawfully elected 
to office deposed; the universal right of visitation, an ancient 
landmark of the order, prohibited; demits to members of lodges 
not under charges and dues paid, refused; Masons expelled with¬ 
out trial; new and strange test oaths created to operate in behalf 
of the Nor. Jur. Rite; Masons of other state Jurisdictions arbitrarily 
expelled without any notice, hearing, or trial whatever, and;their 
names published to the world at the expense of the Master Mas¬ 
ons of Ohio, in the Proceedings of the Grand Lodge—a crim¬ 
inal libel; and a system of espionage and terrorism, degrading 
and despicable, established to detect and punish Master Masons 
who might refuse to surrender their manhood and natural rights 
and violate their obligations to other societies at the bidding of 
the modern inquisition of the De la Motta Holy Empire. 


For several years prior to Nov. 1887, Goodale Lodge No. 
372, of Columbus, O., was officered and ruled by brethren who 
were also members of the United States Rite, the Order of Odd 
Fellows, Knights of Pythias and many other secret and religious 
organizations. During that time the lodge was exceedingly 
prosperous and harmonious. Not a word or act pertaining to the 
Scottish Rite embroglio was allowed within the Lodge. Every 
member, no matter what society he belonged to outside of the 
Master Masons Lodge, met upon the level and parted on the 
square. Peace, prosperity, and harmony reigned. 

At the annual election held in Nov, 1887, by means of personal 
electioneering and solicitation, officers were elected who were 
also members of the Nor. Jur. De la Motta Scottish Rite. In 
January, 1888, the peace and harmony of the lodge was 
broken. At a regular meeting, without warning, D. N. Kins¬ 
man, Tiler-elect of the lodge and a 33rd. member of the North¬ 
ern Jurisdiction Scottish Rite perferred the following charges 
and specifications against 38 members of the lodge: 

To the Worshipful Master Wardens and Brethren of Goodale Lodge No. 372, 
F. £ A. M. 

I charge each and all of the following named Brethren, members of Goodale 
Lodge, No. 372, F. & A. M., with unmasonic conduct: 

I. C. Aston, F. H. Breyfogle, A. B. Broes, B. M. Brooke, Ira Crum, 0. M. Evans, 
A. W. Field, C. D. Firestone, James Geisinger, Martin Gemuender, C. H. Good, Wm. 
A. Hershiser, Lewis Huffman, J. C. Kroesen, R. W. Linen, Albert Lowery, J. W. 
McCord, F. B. McElhinney, B. L. Maynard, C. C. Neff, J. H. Outhwaite, Isaac B. 
Potts, James R. Pyne, J. A. Sanders, Jr., C. H. Schofield, E. D. Schofield, L. W. 
Sherwood, C. H. Simmer, Clare L. Smith, M. P. Smith, P. W. Snyder, C. E. Turner. 
W. C. Turner, W. T. Weils, E. C. Wentworth, Edward West, William 0. Jones, 
George F. Clarke. 

Specification No. I. 

They, the above named Brethren, members of Goodale Lodge, F. & A. M., 372, 
are guilty of unmasonic conduct, in that they are members of the Ancient and Ac¬ 
cepted Scottish Rite for the United States of America, its Territories and Dependen¬ 
cies, otherwise known as the “ Cerneau bodies of the Ancient and Accepted Scottish 
Rite;” which bodies, or rite, the Grand Lodge of Ohio, F. & A. M., declared, on 
October 26, 1887, “irregular, illegal and unmasonic, and ought not to be counten¬ 
anced, or recognized in any manner, by Brethren under obedience to the said Grand 
Lodge of Ohio,” of which action of said Grand Lodge said Brethren have full know¬ 
ledge, and have had full knowledge thereof, since said 26th of October, 1887. 


8 


Specification No. II. 1 

The above named Brethren, members of Goodale Lodge, F. & A. M., are guilty 
of unmasonic conduct, in that they are members of a Lodge known as Columbus 
Lodge of Perfection, a Lodge which is called masonic, not working under the author¬ 
ity or subject to the control of the Grand Lodge of Ohio; and the said Columbus 
Lodge of Perfection is, therefore, clandestine, and the above named Brethren are 
therefore in contempt of the said Grand Lodge of Ohio. 

Specification No. Ill 

They, the above named Brethren, members of Goodale Lodge, F. k A. M., are 
guilty of unmasonic conduct, in that they have since the 26th day of October, 1887, 
at divers times, the dates of which are unknown to the complainant, and at places to 
him unknown, solicited and urged members of Goodale Lodge, whose names are to 
the complainant unknown, and members of other Masonic Lodges, whose names are 
to the complainant unknown, to unite with Columbus Lodge of Perfection and the 
Ancient Accepted Scottish Rite for the United States of America, its Territories and 
Dependencies, otherwise known as Cerneau bodies of the Ancient Accepted Scottish 
Rite, which Rite the Grand Lodge of Ohio declared, on the date above mentioned, 
to be “ irregular, illegal and unmasonic, and ought not to be countenanced, or recog¬ 
nized in any manner, by Brethren under obedience to the said Grand Lodge of Ohio/’ 
which solicitation was, by said Brethren and members of Goodale Lodge, made and 
done by them with full knowledge of the aforesaid decision and declaration of the 
Grand Lodge of Ohio, made on the 26tn day of October, 1887, as aforesaid. 

Specification No. IV. 

They, the above named Brethren, members of Goodale Lodge, F. k A.'M., are 
guilty of unmasonic conduct, in that they have disobeyed and held in contempt the 
decision of the Grand Lodge of Ohio, which declared, October 26, 1887, that the 
bodies of the Ancient and Accepted Scottish Rite for the United States of America, 
its Territories and Dependencies, otherwise known as the Cerneau bodies of the 
Ancient and Accepted Scottish Rite, are “ irregular, illegal and unmasonic, and ought 
not to be countenanced, or recognized in any manner, by Brethren under obedience 
to said Grand Lodge of Ohio,” by retaining, and continuing to the present time, and 
with full knowledge of the aforesaid decision of the Grand Lodge, their membership 
in the said irregular, illegal and unmasonic bodies, thereby countenancing and recog¬ 
nizing them, and lending their support to them. 

Specification No. V. 

They, the above named Brethren, members of Goodale Lodge, No. 372, Free 
and Accepted Masons, have willfully and knowingly conspired against the peace and 
harmony of the Grand Lodge of Ohio, F. and A. M., by refusing to obey the edicts 
of said Grand Lodge ot Ohio, F. and A. M., which they each have sworn to do, by 
countenancing and recognizing and adhering, to the present time, to the so-called 
Supreme Council of the United States of America, its Territories and Dependencies, 
otherwise known as the “ Cerneau bodies of the Ancient and Accepted Scottish Rite,” 


9 


after the said Grand Lodge of Ohio, F. and A. M., as they well know, has declared 
that said bodies are “ irregular, illegal and unmasonic, and ought not to be counten¬ 
anced or recognized in any manner by brethren under obedience to the said Grand 
Lodge.” 

Specification No. VI. 

Wm. A. Hershiser, James C. Kroesen, Ira Crum, Clare L. Smith, Edward West, 
Martin Gemuender, E. C. Wentworth, M. P. Smith, Joseph W. McCord, F. B. Mc- 
Elhinney, C. D. Firestone, C. C. Neff, Joseph H. Outhwaite, A. B. Broes, each and 
all being members of Goodale Lodge, Free and Accepted Masons, and owing obedience 
to the constitution, laws, edicts and decisions of the Grand Lodge of Ohio, are guilty 
of unmasonic conduct, in that they have been concerned in the publication of a cer¬ 
tain pamphlet or programme, calling a meeting of the bodies of the Ancient Accepted 
Scottish Rite for the United States of America, meaning thereby the “ Cerneau bodies 
of the Ancient and Accepted Scottish Rite,” for the purpose of conferring the grades 
from fourth to thirty-second, January 10th and 11th, 1888, at the Masonic Cathedral 
160 South Third street, Columbus, Ohio, by which the said brethren have been dis¬ 
obedient to the Grand Lodge of Ohio, which declared October 26, 1887, the said 
bodies of the Ancient and Accepted Scottish Rite for the United States of America, 
its Territories and dependencies, otherwise known as the Cerneau bodies of the 
Ancient Accepted Scottish Rite, to be irregular, illegal and unmasonic, and ought not 
to be countenanced or recognized in any manner by brethren of obedience to the said 
Grand Lodge of Ohio; of which decision of the Grand Lodge they each and all had 
full knowledge at the tifne said publication was issued. D. N. Kinsman. 

Every Master Mason is respectfully requested to carefully 
read the above Charges and Specifications. They are monu¬ 
mental evidences, for future generations, of the truth of this 
pamphlet, and the “last ditch” resort of the De la Motta Holy 
Empire. 

The accused brethren were summoned to answer at a future 
meeting at which they were all present with their attorneys. 
Riley M. Gilbert, the Master elect of the lodge and a 32nd. of the 
Nor. Jur. presided. A motion, duly seconded, was made to 
quash or dismiss the charges which Gilbert refused to entertain 
or put, which was a clear violation of law and the rights of the 
accused. Gilbert also refused to allow the accused separate 
trials or to vote on questions other than their own, another 
violation of law and right. Gilbert also refused to permit the 
Attorney for one of the accused to take short Land notes of the 
proceedings for the benefit of his client. 

On being asked to plead, it was discovered that the usual 


10 


notice had not been served upon the accused by the proper 
person, the Tiler of the lodge, as provided by the code, and 
further proceedings were postponed to a future meeting so that 
legal service could be made. In the interim a curious spectacle 
was witnessed by the Craft. D. N. Kinsman, a 33rd, Sovereign 
Grand Inspector General of the Nor. Jur., De la Motta Scottish 
Rite and Tiler of the lodge, and the man who preferred the 
the charges, tramping over tne city and hunting his victims, 
respectable citizens and Masons, from home to home and person¬ 
ally serving upon them his own charges and specifications and 
the usual notice to appear and answer to them. 

It was evident that a plot was formed, confirmed by sub¬ 
sequent information, to charge the accused members in a batch, 
try them in a batch, and thus deprive them of their votes, and in 
a batch secure their expulsion, which could not be accomplished 
in any other way. These facts dawned upon the accused mem¬ 
bers and they became convinced that all law and justice would 
be denied them by their persecutors, and therefore in accordance 
with the Ohio Masonic Oode, decision No. 255, which says: 

• ; It is not a Masonic offence to invoke the law for one’s protection.” 

They applied to the civil courts for an injunction, which 
was granted, restraining Samuel Stacker Williams, D. N. Kins¬ 
man, R. M. Gilbert and Goodale lodge from further proceedings 
in the matter. The defendants filed an answer generally deny¬ 
ing the plaintiffs petition. Plaintiffs amended their petition to 
which Defendants filed their answer. -The plaintiffs replied and 
the case was then ready for trial in the fall of 1889, 

At the close of the month of Vugust 1889, the De la Motta 
defendants served legal notice on the U. S. Jur. plaintiffs, that 
they, the defendants, would on Sept. 2nd following, in the office 
of the Grand Secretary of the Nor. Jur., Stewart Building, New 
York City, take sworn testimony to be used on the trial. Prompt¬ 
ly on that day counsel for plaintiffs were present together with 
witnesses and a stenographer. Eleven days were occupied in 
taking testimony that covered three hundred and sixty-nine 
pages of typewriting. Witnesses on both sides were examined, 


11 


and the claim the United States Rite, as presented, was most 
clearly proven. 

As a result of the taking of the New York testimony, it was 
clear that the Nor. Jur. defendants could not afford to have 
the case tried on its merits as they apparently started in to do. 
That testimony would convict them of the truth of what 
the plaintiffs charged in their petition. They came into court 
and asked and obtained leave to withdraw their answer and 
substitute aj demurrer to the Jurisdiction of the Oivil Courts 
over such cases The question then and now before the courts is, 
shall the demurrer be sustained or overruled. If sustained, the 
Nor. Jur. defendants escape a trial of the case on its merits, and 
the. case will be remanded to the lodge where the conspirators 
hope to carry out their infamous program. If overruled the case 
goes to trial on its merits and the truth will be publicly made 
known, and the controversy forever settled. 

On Nov. 25,1889, arguments on the demurrer were heard 
by Judge Evans of the Common Ideas Court, who, on Oct. 13, 
1S90, decided to sustain the demurrer, but in so doing he took 
occasion to say that the petition of plaintiffs was “properly 

PLEADED AND BY THE DEMURRER ADMITTED TO BE TRUE.” At the 

hearing on Nov. 25, 18S9, E. T. Carson, 33rd, Deputy of the 
Nor. Jur.—De la Motta Rite, was present. It is also under¬ 
stood that attorneys fees for defendants amounting to several 
hundred dollars, were paid from the treasury of Goodale Lodge, 
controlled by -Nor. Jur. members. Tae case was appealed by 
plaintiff's to the Circuit Court. The Court rendered the follow¬ 
ing opinion and decision: 


CERTIFIED COPT OF.DECISION. 


4 THE STATE OF OHIO, 


In the Circuit Court. 


Franklin County, ss. 


WM. A. HERSHISER, et al, 


Plaintiffs. 

against 

S. STACKER WILLIAMS et al, 
Defendants. 


January Term. Jan. 19tb 1892 

Certified Copy of Decision. 


Decision on Demurrer to the Petition as Amended. 


Assuming the truth of the allegations of fact contained in the petition, it is clear 
that the controversy between the De la Motta and Cerneau bodies does not in any way 
concern Ancient Graft Masonry; that the action of the Grand Lodge prohibiting 
membership in the Blue Lodges by those who are members of a Cerneau body xvas 
not prompted by any consideration of the interests of the Symbolic Lodges; and that 
the charges upon which the plaintiffs are about to be tried with a view to their ex¬ 
pulsion from Goodale Lodge, do not allege against them any conduct inconsistent with 
honorable and faithful membership in that Lodge. 

It is equally clear that by becoming or remaining members of Cerneau bodies 
after said action by the Grand Lodge the offenses of the plaintiffs were several and not 
joint. But the allegations that the defendants expect to succeed in the effort to expel 
the plaintiffs by depriving them of their right to vote upon the question, in cases 
other than their own, contrary to natural right and the rules of the order , and that 
some of them have announced their intention to do so, do not warrant the interfer¬ 
ence of a Court of equity. 

We must presume that the trial of the plaintiffs will be in. accordance with nat¬ 
ural right and the rules of ihe order, and that they will not be expelled for disregard¬ 
ing any requirement ivhich the Grand Lodge had no authority to make. Should the 
trial result otherwise, it will be the duty of the plaintiffs to resort to such modes of 
redress as may be bad in the Judicatories of the order. This doctrine was held by 
this Court in the case of Kent vs The Odd Fellows Beneficial Association. It is sus¬ 
tained by the following authorities: 

Gregg et al, vs The Mass. Med. Soc. Ill Mass. 185. McAlees vs Supreme Sit¬ 
ting etc. 13 Atlantic R. 755, 129 Mass. 70. 

For this reason the demurrer will be sustained. Judges Clark and Smith con¬ 
cur in this decision. Shauck J. 

0 

THE STATE OF OHIO, \ 

Franklin County, ss. J I, Wm. H. Simonton, Clerk of the Circuit Court, 
within and for said county, and in whose custody the Files, Journals and Records of 
said Court are required by the laws of the State of Ohio to be kept, hereby certify that 



• 13 


the foregoing is taken and copied from the original decision and that said foregoing 
copy has been compared by me with the original decision and that the same is a cor¬ 
rect transcript thereof. 


In testimony whereof, I do hereto subscribe my name officially, and affix the Seal 
of said Court at the Court House in Columbus, in said County, this 5th day of Feb¬ 
ruary, A. D. 1892. 



Wm. H. Simonton, 

• Clerk. 

By Tom. L. Rees, 

Deputy. 


By this decision the Court has authoritatively settled for all 
time the following points of this controversy : 

1st. “It is clear that the controversy between the De laMotta 
and Cerneau bodies does not in any way concern Ancient Craft 
Masonry/’ It therefore naturally follows that all the acts of 
the Grand Lodge taken in behalf of the De la Motta against the 
Cerneau bodies are null and void and of no effect whatever. 

2nd. “That the action of the Grand Lodge prohibiting mem¬ 
bership in the Blue Lodge by those who are members of a Cer¬ 
neau body was not prompted by any consideration of the inter¬ 
ests of the Symbolic Lodges.” This point confirms and sustains 
the first, and may be considered a stinging rebuke to the Nor. 
Jur. conspirators who misled the Grand Lodge into its present 
unlawful and unenviable attitude. 

3rd. “That the charges upon which the plaintiffs are about 
to be tried with a view to their expulsion from Goodale Lodge, 
do not allege against them any conduct inconsistent with hon¬ 
orable and faithful membership in that Lodge.” This point 
sustains the first two. A Master Mason can be a member of the 
“Cerneau Rite” and still be an honorable and faithful member 
of his Blue Lodge, the Odd Fellows, his church or similar so¬ 
cieties. The principle laid down is in conformity with justice 
and equity. 

4th. “By becoming or remaining members of Cerneau bodies 
after said action by the Grand Lodge the offenses of the plain¬ 
tiffs were several and not joint.” This point confirms to the 
accused members of Goodale Lodge what they asked for and 
were denied, as well as to every man and mason his lawful and 
and natural right to a separate trial for an alleged offense. 


u 


5. “We must presume that the trial of the plaintiffs will be in 
accordance with natural right and the rules of the order, and 
that they will not be expelled for disregarding any require¬ 
ment which the Grand Lodge had no authority to make.” This 
point not only confirms and sustains all the others, but goes a 
step farther. Master Masons cannot be rightfully expelled from 
their lodges “for disregarding any requirement which the Grand 
Lodge hdd no authority to make” 

The above points embody and confirm all that the accused 
members of Goodale Lodge have ever contended for and is a 
complete justification of their course in applying to a Court of 
Equity for relief. 

The question has been asked, Why not apply for the same 
relief to the Judicatories of the Order? The answer is plain and 
to the point. The only Judicatory that the accused members 
could appeal their case to, was the Grand Lodge, and that body, 
as a Board of Arbitrators, or a superior court completely under 
the control of their enemies of the De la Motta body, had al¬ 
ready become biased, had expressed an opinion, had prejudged 
the case by adopting proscriptive legislation against the accused 
brethren and the Order to which they belonged. To appeal 
their case to such a Board of Arbitrators would have been a 
parody on justice. Besides, as already quoted, the Grand 
Lodge itself has said. “It is not a Masonic offense to invoke 
the law for one’s own protection.” (See decision 255-Code.) 

The principles and natural rights involved in this action do 
not concern alone the accused members of Goodale Lodge. The 
same principles and natural rights belong to every Master 
Mason. It is the struggle for Masonic Magna Charta. 

The accused brethren have always said that the Scottish 
Rite controversy was a matter that did not concern, or come 
under the authority of the Grand Lodge or any of its subordi¬ 
nates. This doctrine was established by the Grand Lodge itself 
in 1815 when it refused to entertain De laMotta’s communication. 
The principle and precedent of non-intervention then adopted 
and established by the fathers of our Grand Lodge was the 
only safe and sure preventive of the evils that now dis- 


15 


tract and disturb the peace and harmony of Masonry in Ohio. 
The Grand Lodge of the Empire State and a majority of the 
other Grand Lodges that hoid to the principle of non-inter¬ 
vention are shining examples of the truth of that doctrine. In 
those states Master Masons who are members of both the 
Cerneau and De la Motta bodies work together for the intersts of 
Ancient Craft Masonry. They meet in their Blue lodges upon 
the Level and part upon the Square. Harmony and Peace are 
within their Jurisdictions. 

The accused members of Goodale Lodge always contended 
that they were as true, honorable and faithful Master Masons 
after they became members of United States Jurisdiction Rite 
as they were before becoming members thereof. The records 
of their lodge as well as the decision of the Court will confirm 
this statement. They have never been the agressors or dis¬ 
turbers of the peace, or a party to any cabal or scheme to dis¬ 
turb the harmony of Ancient Craft Masonry. They can point 
with pride and satisfaction to their record in this behalf. For 
many years they have borne the burden of a grevious proscrip¬ 
tion and persecution instigated by their misguided opponents, 
believing it was better to suffer wrong than to do wrong. They 
feel assured that when Time with his healing touch shall have 
laid to rest the fell spirit of intolerance , persecution and par- 
tisan-fanaticism , future generations will applaud and commend 
their actions. 

Oppression shall not always reign, 

There comes a brighter day, 

When Truth released from Errors thrall, 

Shall once again have sway. 


THE REMEDY. 

-O- 

In view, then, of the fact that the Court has affirmed the proposi¬ 
tions contended for by the brother Masons who are members of the Cer¬ 
neau bodies, and has declared that the controversy between the rival 
Scottish Rites does notin any way concern Ancient Craft Masonry, that 
this proscription is not in the interests of free masonry, that to be a mem¬ 
ber of Cerneau bodies is not inconsistent with faithful and honorable 
membership in their Master Masons lodges, the manifest duty of all good 




OCT 87 ,900 


16 

masons is to fall in line with these principles and bring back Masonry to 
its true position, that of non-intervention in Kites or organizations out¬ 
side of itself. It is the plain duty of the Grand Master to issue a com¬ 
munication to the Lodges of Ohio, announcing to them that, under the 
decision of the courts, to belong to the Cerneau bodies is not inconsistent 
with honorable and faithful membership in the subordinate lodges and 
therefore does not constitute a masonic offence, and hence, does not 
subject a mason to punishment. That therefore all charges based upon 
membership in the Cerneau bodies should be dismissed because they 
charge no masonic offence. Such an announcement is the necessary se¬ 
quence of the courts decision, and the true logic of the situation. In no 
other way can the Grand Master so grandly serve the best interests of 
Masonry. Such action would expel confusion and strife and install 
Peace, Prosperity and Good-will among the Craft in Ohio. 




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